Shivaji Sakharam Khavre +1 moreVsChandrashekhar Shivaji Khavre +3 more

Date: 06-06-2018
Business: None for plaintiff.
D-2 in person present.
Plaintiff to satisfy the court how suit under Order 39 is maintainable.
Matter adj. for Compliance to 13.08.2018.
Next Purpose: COMPLIANCE
Next Hearing Date: 13-08-2018

Date: 13-08-2018
Business: Adv. Ms. Pooja for plaintiff present and seeks further time for compliance.
None for defendant.
Matter adj. for Compliance as a last chance to 04.10.2018.
Next Purpose: COMPLIANCE
Next Hearing Date: 04-10-2018

Date: 04-10-2018
Business: Plaintiff in person present and filed application for issuance of writ of summons.
The Ld. Counsel for plaintiff has not addressed this Court on the point of maintainability of the suit. Hence the said point is kept open. Issue writ of summons through bailiff to the defendants.
Matter adj. for Writ of Summons to 14.01.2018.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 14-01-2019

Date: 14-01-2019
Business: Plaintiff with Adv. Pooja Jadhav present and filed affidavit of service.
None for defendant.
As per the affidavit of service filed by the plaintiff, defendants are served. However, they have not entered appearance. Hence suit to proceed exparte against defendants. Original envelopes are returned the Ld. Counsel for plaintiff after perusal. The plaintiff shall keep the envelopes as it is in sealed condition.
Matter adj. for Exparte Evidence to 17.04.2019.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 17-04-2019

Date: 17-04-2019
Business: wrongly adjn on holiday hence it is taken on board of next working day i.e. 18.04.19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 18-04-2019

Date: 18-04-2019
Business: None for plaintiff.
None for defendant.
P-1 is senior citizen. Hence as per office order no.66/2019  dated 4.4.2019, matter be re-assigned to C.R. No.9.
Matter adj. for Compliance to 25.07.009.
Next Purpose: COMPLIANCE
Next Hearing Date: 25-07-2019

Date: 25-07-2019
Business: Adv. Pooja Jadhav present for Plaintiff.
None present for Defendant.
Adv. For plaintiff filed affidavit of examination-in-chief alongwith compilation of documents @ List of document.  It is t.o.r. and marked Exhibit Nos. 3 and 4 respectively.
As court is busy in recording of evidence in Suit No. 7774/1997 and dictating order in Notice of Motion No. 2545/19.  Hence, board is discharged.
Case is adjourned to 16/10/2019.
Next Purpose: COMPLIANCE
Next Hearing Date: 16-10-2019

Date: 16-10-2019
Business: Advocate for Plaintiff present and filed affidavit of service, t.o.r.
None present for Defendant.
Court is busy in recording of evidence in suit no.922/17 and other matters, hence case is adjourned to 12/12/2019.
Next Purpose: COMPLIANCE
Next Hearing Date: 12-12-2019

Date: 12-12-2019
Business: As court is busy in recording Evidence in Suit No. 6775/00 and Suit No. 330/11. Hence, board is discharged.
Case is adjourned to 17/02/2020 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 17-02-2020

Date: 17-02-2020
Business: Plaintiff present.
None present for Defendant.
Court is busy in hearing final arguments in suit no.569/05 and court has to dictate Judgment in suit no.3677/11, hence case is adjourned to 02/05/2020.
Next Purpose: COMPLIANCE
Next Hearing Date: 02-05-2020

Date: 02-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 22-05-2020

Date: 22-05-2020
Business: Due to Covid 19 pandemic, matters are adjourned as per Office order no.78.2020
Next Purpose: COMPLIANCE
Next Hearing Date: 10-06-2020

Date: 10-06-2020
Business: None present for Plaintiff.
None present for Defendant.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 05/08/2020.
Next Purpose: COMPLIANCE
Next Hearing Date: 05-08-2020

Date: 05-08-2020
Business: Due to corona pandemic and lockdown and due to heavy rainfall in Mumbai
Next Purpose: COMPLIANCE
Next Hearing Date: 25-09-2020

Date: 25-09-2020
Business: None present for Plaintiff.
None present for Defendants.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 18/12/2020 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 18-12-2020

Date: 18-12-2020
Business: None present for Plaintiffs.
None present for Defendants.
It seems that due to Corona pandemic, parties are absent, hence case is adjourned to 09/03/2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 09-03-2021

Date: 09-03-2021
Business: Plff No.1 present in person.  Advocate for plff absent.
None present for deft.
Plff seeks adjournment for producing original documents.
On request of plff, matter is adjourned for production of original documents and admission denial to 22.04.2021.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 22-04-2021

Date: 22-04-2021
Business: None present for both the parties.
Due to Covid-19 Pandemic and SOP issued by Honble High Court, as both parties are absent, matter adjourned at same stage beyond Summer Vacation
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 14-07-2021

Date: 14-07-2021

Date: 12-08-2021
Business: None present for both parties.
As plff is not present, matter be kept for order on next date.
Matter is adjd. for order to 21.09.2021.
Next Purpose: ORDER
Next Hearing Date: 21-09-2021

Date: 21-09-2021
Business: None present for the plff and defendant.
Despite granting several opportunities, plaintiffs failed to produce original documents hence, suit to proceed further without production of original documents.
Plaintiffs to keep PW-1 present on next date for facing cross-examination.
Adjourned for evidence PH to 08.11.2021.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 08-11-2021

Date: 08-11-2021
Business: None present for both parties.
Matter is adjd. for order to 06.01.2022.
Next Purpose: ORDER
Next Hearing Date: 06-01-2022

Date: 06-01-2022
Business: None present for both parties.
K.B.
L.O.at 12 noon
None present for both parties.
Record shows that plff has filed evidence of PW-1 at Exh.3. Suit is ordered to proceed ex-parte against the defts as per roznama dt.14.01.2019.  Matter be kept for further ex-parte evidence of the plff on next date as nobody is present for the plff. today.
Matter is adjd. for ex-parte evidence to 06.04.2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 06-04-2022

Date: 06-04-2022
Business: None present for plff.
None present for deft.
As nobody is present for the plff and as PW-1 is not present, matter be kept for order on next date.
Matter is adjd. for order to 08.07.2022.
Next Purpose: ORDER
Next Hearing Date: 08-07-2022

Date: 08-07-2022
Business: None present.
Read the roznama dated 21.09.2021. Original documents are not produced. PW-1 is absent. Keep for dismissal.
Matter adjd to 19.09.2022 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 19-09-2022

Date: 19-09-2022
Business: None present.
k.b.
later on at 5.00 pm.
None present.
orignal documents are not produced keep for dismissal.
Matter adjd to 05.12.2022 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 05-12-2022

Date: 05-12-2022
Business: None present for both sides.
KB
LO at 11.45 am
None present for both sides.
Matter adjd to 04.03.2023 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 04-03-2023

Date: 04-03-2023
Business: HHJ is on Leave.
Next Purpose: DISMISSAL
Next Hearing Date: 09-06-2023

Date: 09-06-2023
Business: None for plaintiffs
None for defendant
From the perusal of record, it appears that the plaintiffs are not prosecuting the suit diligently though the suit is directed to proceed ex parte against the defendants the suit is posted for dismissal  since 19-09-2022. Today also the plaintiffs being not attendance to proceed with the suit, the suit is liable to be dismissed for want of prosecution.  The suit stands dismissed and disposed of accordingly.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 09-06-2023

Registration Number: 101335/2018
Transfer Date: 25-04-2019
From Court: 3 - COURT 03  ADDL SESSIONS JUDGE
To Court: 9 - COURT 09 ADDL SESSIONS JUDGE

Registration Number: 101335/2018
Transfer Date: 10-06-2021
From Court: 9 - COURT 09 ADDL SESSIONS JUDGE
To Court: 62 - COURT 62 AD-HOC  ADDL SESSIONS JUDGE

Filing Number: 106208/2018
Filing Date: 25-04-2018
First Hearing Date: 06th June 2018
Decision Date: 09th June 2023
Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE